MUKESH KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 26 -2 -2004 passed by Sessions Judge, Rajnandgaon in Sessions Trial No. 174/2003. By the impugned judgment, accused/appellant Mukesh Kumar has been convicted and sentenced in the following manner:

(2.) SHRI P.K.C. Tiwari, learned Senior Advocate with Shri B.L. Sahu, learned counsel for the appellant argued that the evidence of prosecutrix (PW -7) is wholly unreliable. The conduct of the prosecutrix is unnatural. According to the prosecutrix, the appellant entered her house and closed the door from inside. He further argued that when the appellant entered the house of the prosecutrix, at that time, Pushpa (PW -1) was standing outside the house of the prosecutrix. Pitamber, who is nephew of the prosecutrix, had come to the house of the prosecutrix with oil, but the prosecutrix did not tell him anything about the incident. The house of the prosecutrix is situated adjacent to road, but the prosecutrix did not raise any alarm or make any effort to come out from the house. Therefore, the evidence of the prosecutrix cannot be based for conviction. The conduct of the prosecutrix appears that she was a consenting party. Therefore, it is not safe to rely upon the sole testimony of the prosecutrix. The appellant deserves to be acquitted of the charges framed against him.

(3.) I have heard learned counsel for the parties at length and have also perused the record of Sessions Trial No. 174/2003.